Detailed Notes on khula case law in pakistan

Detailed Notes on khula case law in pakistan

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9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police to get scrupulously fair into the offender as well as Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.

The main objectives of police would be to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and over all assure law and order to protect citizen???s life and property. Read more

14. From the light of your position explained higher than, it really is concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally regarded conviction. Read more

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the conclusion or even the finding and mildew the relief to really make it correct into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified from the decision with the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

However it really is made apparent that police is free to take action against any person who's indulged in criminal activities subject matter to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of legislation. Police shall also be certain regard of your family drop in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security with the house is concerned, which will not be public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has become realized. Therefore, this petition is hereby disposed of within the terms stated over. Read more

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year old boy from his home to protect him from the Awful physical and sexual abuse he experienced experienced in his home, and also to prevent him from abusing other children while in the home. The boy was placed in an crisis foster home, and was later shifted all-around within the foster care system.

The court system is then tasked with interpreting the legislation when it's unclear how it relates to any presented situation, usually rendering judgments based on the intent of lawmakers and the circumstances of your case at hand. These types of decisions become a guide for long term similar cases.

10. Without touching the merits with the case from the issue of annual increases while in the pensionary emoluments of your petitioner, in terms of website policy decision in the provincial government, these types of annual increase, if permissible inside the case of employees of KMC, calls for further assessment to generally be made from the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more

12. There is not any denial from the fact that in Government service it is anticipated that the persons owning their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to do absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance with the respondents that pensionary benefits may very well be withheld on account of your allegations leveled against the petitioner, inside our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These include things like if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set via the government.

The different roles of case regulation in civil and common legislation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the wider legal principles.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely set up now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may if happy that a civil servant who was entitled to be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

The discovered Tribunal shall decide the case on merits, without being influenced with the findings within the Impugned order, after recording of evidence on the respective parties. Read more